“All decisions in the criminal justice system must be determined by the physical and scientific evidence, and the credible testimony corroborated by that evidence, not in response to public outcry.”-Robert P. McCullough
If you are confused about why Bill Cosby is on trial, then you probably are not alone. In the Cosby melodrama, the one thing that is seldom asked by pundits, columnists, and gossip editorials is, where is the evidence? In order to understand this case, we must put the events together in reasonably chronological order. Here’s what we know.
Allegedly in 2004, Bill Cosby sexually assaulted Andrea Constand at his Cheltenham residence in Montgomery County, PA. Constand would later file a criminal complaint against Cosby in January 2005. At that time, the police indicated that no charges would be filed against Cosby due to insufficient evidence. Interestingly enough, the District Attorney, at that time, told Cosby he would never bring charges against him. Constand would later file a civil action against Cosby. The case was settled out of court and the case was closed.
The allegations re-surfaced during a stand up routine by comedian Hannibal Buress in 2014. As a result of the allegations, a ground swell of controversy brought forth 60 other women who also alleged that Cosby had raped them as well. One was Chloe Goins. Goins alleged that she was raped on the grounds of the Playboy Mansion. She later sued Bill Cosby in 2015. Her 2015 lawsuit was later dismissed. The allegations were based on a 2008 claim. This case was again settled out of court for an undisclosed amount in 2006. The fact that the alleged rape occurred 2 yrs after the settlement was never questioned.
Present District Attorney Kevin Steele campaigned for office partly on the promise that he would prosecute Bill Cosby. Though it was over a decade later, the case was re-opened. In May 2016, Judge Elizabeth McHugh ruled that there was sufficient evidence against Cosby to bring him to trial. He faced three counts of aggravated indecent assault (the non-consensual touching of a breast, buttock or vagina).
During pre-trial proceedings, the Defense sought to introduce a witness that would counter the alleged victim’s allegations. The trial judge denied the Defense the opportunity to introduce this witness before the Court to testify. Despite this denial, Cosby obtained a mistrial in June 2017 due to the fact that the jury could not come to a unanimous decision in the case. The District Attorney vowed to retry the case. Charges were refiled and in April 2018, Cosby was back in Court.
The witness that was prevented from testifying previously was now allowed to testify. She told the Court that Constand fabricated the charges as a way to extort money from Cosby, as well as for future pecuniary purposes like book deals. The Prosecutor produced Constand’s initial police report and deposition transcripts from 2005. The Defense countered by producing flight logs and itineraries from Cosby to show that the incident could not have occurred when Constand alleges. The result would be to render these charges outside of the statute of limitations. Or at the very least, they would cast suspicion on the veracity of Constand’s allegations.
The Prosecutor countered only by saying that the logs and itineraries may not be accurate. So what do we have? An unsealed deposition where Cosby admitted to giving women (at their request) quaaludes and having a consensual encounter with Constand.
There are three reasons that immediately jump out as to why this case should be dismissed.
Statute Of Limitations: The State of Pennsylvania has a 12-yr limitations period for sexual abuse charges. If the documentary evidence produced by the Defense is accurate, which there is no reason to think that it isn’t, then this case should have never been filed. The questions must then be asked, why didn’t the Prosecutor obtain this evidence before bringing the charges? Clearly he had the subpoena power to get these records and flight logs. Why didn’t he do it? (More on this later)
Alibi: Under the jurisdiction of American Justice, an alibi is an affirmative defense to criminal charges. While it is clear that something happened here, it is equally clear that the failure to present evidence to refute the documentary evidence concerning the time line of this case, clearly presents reasonable doubt in this matter. While there are those that will say that the issue is about Constand’s consent to the encounter, Cosby’s lawyers have also produced multiple phone calls from Constand to Cosby after the alleged assault. What victim calls her assailant after the assault?
No physical evidence: There is literally no physical evidence in this case. Because no rape occurred, there is no rape kit. There were no abrasions or report of abrasions on Constand’s body. They(the Prosecution) are literally using a 13-yr old police report and deposition to supply the requisite elements of an alleged assault against a victim who called and met her assailant at least three times after the alleged assault.
So what would be the reason why the new Prosecutor would bring these charges when the former Prosecuting Officer refused to do so? Simple! Politics! What people refuse to understand is that law is the instrument of politics. Prosecutors make or break their careers on getting convictions. And in a case with a celebrity defendant, the rewards are huge. Marsha Clark and Christopher Darden’s careers were launched from the OJ Trial even though they lost that case. Clark received multi-million dollar book deals, countless 6-figure speaking engagements and paid exclusive interviews from the most prestigious magazines in the country.
Darden would later become a defense attorney who saw his practice sky-rocket to epic proportions, making him an instant celebrity and millionaire, appearing as a staff legal consultant for Geraldo Rivera. Convictions allow prosecutors to run for high state and federal offices. It virtually assures them lucrative pensions and access to the highest echelons of power among the social elite. In bringing down a powerful lion like Cosby, Steele knows that this is his once in a lifetime opportunity. Even if he loses, the fact that he brought a case in which no other prosecutor in his right mind would bring, will never be mentioned. He will be lauded as a hero by the wealthy and powerful in Montgomery County, PA. If he loses, they will excuse his incompetence as vigilance in the cause of justice. If he wins, he will become an untouchable in the State of Pennsylvania.
Thus, the trial of Bill Cosby is not about justice for Andrea Constand or any other of the alleged victims. It is not about Cosby’s innocence or guilt. It’s about profit, privilege and power. This is the supreme motivation for this case. And this is the reason that Bill Cosby is back in Court on a case that is an obscene violation of American Justice.
TONY MACEO is a senior blogger for the Negromanosphere and the chief blogger @ powerandstrategy.com. Like, share and subscribe to the website, or become a Patron @powerofstrategies at Patreon. Till Next Time, I’ll Holla!